The Federal High Court in Abuja on Tuesday dismissed the no-case submission filed by suspended deputy commissioner of police, Abba Kyari, and his two brothers in their trial on non-disclosure of assets and money laundering charges.
The court ruled that they have a case to answer and should enter their defence.
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The National Drug Law Enforcement Agency (NDLEA) filed the case against him as the first defendant, and his brothers, Mohammed Kyari and Ali Kyari, as the second and third defendants.
Trial judge James Omotosho, in his ruling, on Tuesday, held that the NDLEA had established a prima facie case against the defendants to warrant them to enter their defence.
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Mr Omotosho said the evidence presented by the prosecution provided enough grounds for the trial to continue.
“The evidence of the prosecution has found sufficient grounds for proceeding with this trial,” said the judge.
He added that in view of “all the exhibits and the evidence of the prosecution, the defendants need to give some explanations in these regards.”
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NDLEA arraigned the Kyari brothers in 2022 on 24 charges of non-disclosure of assets, money laundering and concealment of assets.
The agency filed the charges after accusing them of failing to make full disclosure of their assets, disguising ownership of properties, and converting monies traced to them.
The agency said the offences violated Section 35 (3)(a) of the NDLEA Act and Section 15 (3)(a) of the Money Laundering (Prohibition) Act, 2011.
It said it uncovered about 14 assets, including shopping malls, estates, farmland and plots of land, allegedly linked to Mr Kyari. NDLEA also claimed that he failed to declare N207 million and €17,598 found in his bank accounts.
In July 2023, the trial judge, Mr Omotosho, granted Mr Kyari bail in the sum of N50 million, with two sureties who must each own property worth at least N25 million within Abuja.
The court described the offences as bailable, though the bail was tied to progress in a separate drug-trafficking case before judge Emeka Nwite of the same court.
The prosecution had called 10 witnesses and tendered at least 20 exhibits to prove its case.
The defendants then entered a no-case submission, arguing that the NDLEA had not established ownership of the said properties.
In his written address, Mr Kyari’s lawyer, Obinna Onyia, argued that the agency failed to produce evidence proving that his client owned the listed assets.
Citing Section 128 of the Evidence Act, he submitted that “transactions over state lands can only be proven by production of certified true copies of the title documents, and no other form of evidence is admissible.”
Ruling
In his ruling on Tuesday, the judge said after carefully reviewing the evidence presented by the prosecution, he found that it pointed to the establishment of a prima facie case against the defendants.
He explained that a connection of the defendants with the offences, no matter how slight, constituted prima facie evidence, and as such, the defendants are required to enter their defence or offer a rebuttal.”
He held that “the evidence is such that the defendants must proffer some explanation or defence, especially considering the seriousness of the offences as their liberty is at stake.”
He said the right to defence is a fundamental right under Section 36 of the Constitution, and the defendants must be “given an opportunity to defend themselves in line with their constitutional right to fair hearing.”
“Since the defendants have not waived that right, they are hereby called upon to put in their defence,” he ruled.
He added that establishing a prima facie case does not mean the court found the defendants guilty but only allows them to present their case and address unresolved issues before the court’s final decision.
The judge said the court would not evaluate the evidence at this stage but would limit itself to determining whether a prima facie case had been made.
He also noted that the prosecution still has the duty to prove the charge beyond reasonable doubt, as provided under Section 135 (1) of the Evidence Act, 2011.
He dismissed the no-case submissions and ordered the defendants to open their defence.
He gave the defendants three days to present their defence, and adjourned the matter until 4, 5 and 6 November.
NDLEA and Kyari
The cases against Abba Kyari, a suspended deputy commissioner of police, stemmed from investigations by the NDLEA in early 2022.
The anti-narcotics agency accused Mr Kyari and four members of the Police Intelligence Response Team, ACP Sunday Ubia, ASP Bawa James, Inspector Simon Agirigba and Inspector John Nuhu, of dealing in cocaine.
It also charged two civilians, Chibunna Patrick Umeibe and Emeka Alphonsus Ezenwanne, who were arrested at Enugu airport and later convicted after pleading guilty.
NDLEA alleged that the police officers tampered with seized narcotics and attempted to bribe its officials to cover up the deal. The case is before Judge Nwite.
While investigating the trafficking case, the NDLEA said it uncovered several assets and funds allegedly linked to Mr Kyari and his associates that were not declared in his official records.
This discovery led to the 24 charges filed against Mr Kyari and his two brothers in August 2022.
In April this year, Judge Nwite, dismissed the no-case submission filed by Mr Kyari and his co-defendants in the main drug-trafdicking case and ordered them to open their defence.
The court already, in June 2022, convicted and sentenced two of their co-defendants who pleaded guilty to the drugs charges.
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